Research On The Legality Review Standards Of The Party's Laws And Regulations

The complementarity,mutual promotion and mutual guarantee of national laws and regulations and the internal laws and regulations of the party are the premise and basis for the comprehensive rule of law.The thesis has carried out meticulous research on topics such as the strict management of the party,the rule of the party,the rule of the party,and the construction of the party's internal laws and regulations.However,the current research is mainly about the study of the relationship between the party's internal laws and the state's laws.However,there are few studies on the legality review of the party's internal laws and regulations,and there is almost no research on the legality review standards of the party's internal laws.However,the issue of the party's internal regulations and standards,which is the basis for the legality review and filing review of the party's internal laws and regulations,has become a blind spot for the current institutional construction and theoretical research.Therefore,this paper explores relevant theories.The first chapter of this paper has carried out the necessary elaboration on the basis of the study of legality review standards,including the connotation and composition of the party's internal regulations,the determination of the connotation of the "legality" of the party's internal regulations,and the basic theories of the party's internal laws and regulations.The definition of the party's internal regulations,the characteristics of the party's internal laws and regulations,the concepts related to the party's internal laws and regulations,and the "law" in the party's internal legal system and legality review were clarified.The second chapter of this paper starts from the status quo of the legitimacy review of the party's internal laws and regulations and its standards,and systematically summarizes the experience and practice of the legitimacy review of the party's internal and internal regulations at the central and local levels.The central government focused on analyzing the system construction of the Party Central Committee and the experience of clean-up of the party's internal laws and regulations.The local government selected the rules and regulations of the party to explore the legal documents of the party's internal regulations and the legality of the party's internal regulations in Jiangsu and Sichuan provinces.The practice of standard exploration.On the basis of summarizing the practical experience,it sums up the problems of the connection and coordination with the national law and the legality review standards faced by the legality review of the party's internal laws and regulations.The third chapter of this paper summarizes the legality review system and its standards in foreign countries,and analyzes the legality review system of Western countries.Although Western countries do not have the "party law" in the true sense,they also have a relatively rich political party system.Norms,and these systems contain three models of legality review.They regulate and restrain political parties through decentralized state law and special political party law.This is the difference between Western countries.The study found that the criteria for reviewing the legitimacy of extraterritorial countries are mainly unconstitutional,independent,restrictive,and actionable.On the basis of comprehensively analyzing the positive and negative experiences of the legality review of extraterritorial countries,the system summarizes the experience and enlightenment of extraterritorial countries,that is,China's internal party regulations and its legality review standards should be absorbed in independent review,restriction and supervision.At the same time,we must adhere to the correct direction,the people's nature,and highlight the constructive and coordination functions.The fourth chapter of the thesis starts from the needs of practical development,based on the systematic summary of Chinese and foreign practical experience,combined with China's national conditions,proposes the construction of the legality review standards of the party's internal laws and regulations.Standards,procedural legality standards and content legality standards.Among them,in terms of authority standards,the authority and scope of the formulation of the party's internal regulations must be lawful and lawful,and the rules of the party must comply with the requirements of the rights and responsibilities and the rights and remedies;in the procedural,it is necessary to follow and perpetuate the procedural fairness and supervision.And the four principles and requirements of openness and transparency and timeliness;in terms of content,in line with the party's political requirements,with national laws,and with other laws within the party.Theoretical research has shown a prosperous situation,but the practice has lagged slightly.In particular,the construction of the legitimacy review standards of the party's internal regulations has become a weak link in the construction of the party's internal regulations.This article starts from practice based on the realistic needs of theoretical development,through the party.The basic theory of the legality review of the legislation,the development status and problems,the experience and enlightenment of the foreign institution construction,and the attempt to summarize and summarize the experience and laws of the construction of the legality review standards of the party's internal laws,and build on this basis.The criteria for the review of the legitimacy of the party's internal regulations have innovatively proposed three criteria: the legitimacy of the legitimacy of the party's internal laws and regulations,the legality of the procedure,and the legitimacy of the content,in order to fill the gap in the theoretical construction,with a view to creating a system for the system.